QLDIn ForceAct
Environmental Protection Act 1994
sec.303Administering authority may direct holder to re-apply for ERC decision
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### sec.303 Administering authority may direct holder to re-apply for ERC decision
This section applies if the administering authority—
becomes aware of a change relating to the carrying out of a resource activity by a holder of an environmental authority that may result in an increase in the estimated rehabilitation cost for the activity; or
approves an application to amalgamate an environmental authority with another environmental authority under section 247 ; or
becomes aware an ERC decision was made on the basis of materially incorrect or misleading information.
The administering authority—
may decide to direct the holder to re-apply, under section 298 for an ERC decision for the resource activity; and
must give the holder an information notice for a decision to give a direction under paragraph (a) .
The notice must state a reasonable period within which the holder must comply with the direction.
The holder must comply with the direction.
Maximum penalty—100 penalty units.
s 303 prev s 303 ins 2000 No. 64 s 6
amd 2003 No. 96 s 28 sch
amd 2004 No. 53 s 2 sch (amdt could not be given effect)
om 2012 No. 16 s 7
pres s 303 ins 2012 No. 16 s 8 (amd 2013 No. 10 s 7 (17) )
amd 2014 No. 59 s 56
sub 2018 No. 30 s 173
amd 2020 No. 26 s 66
(sec.303-ssec.1) This section applies if the administering authority— becomes aware of a change relating to the carrying out of a resource activity by a holder of an environmental authority that may result in an increase in the estimated rehabilitation cost for the activity; or approves an application to amalgamate an environmental authority with another environmental authority under section 247 ; or becomes aware an ERC decision was made on the basis of materially incorrect or misleading information.
(sec.303-ssec.2) The administering authority— may decide to direct the holder to re-apply, under section 298 for an ERC decision for the resource activity; and must give the holder an information notice for a decision to give a direction under paragraph (a) .
(sec.303-ssec.3) The notice must state a reasonable period within which the holder must comply with the direction.
(sec.303-ssec.4) The holder must comply with the direction. Maximum penalty—100 penalty units.
- (a) becomes aware of a change relating to the carrying out of a resource activity by a holder of an environmental authority that may result in an increase in the estimated rehabilitation cost for the activity; or
- (b) approves an application to amalgamate an environmental authority with another environmental authority under section 247 ; or
- (c) becomes aware an ERC decision was made on the basis of materially incorrect or misleading information.
- (a) may decide to direct the holder to re-apply, under section 298 for an ERC decision for the resource activity; and
- (b) must give the holder an information notice for a decision to give a direction under paragraph (a) .